Legal Opinion · Dissent

McCandless v. District Court of Polk County

Supreme Court of Iowa

Decided December 15, 1953No. 48352Published

1DissentThompson, J.

(dissenting) — The sole proposition by which the county attorney of Polk County, as attorney for the respondent, attempts to support the trial court’s holding is thus stated, under the heading of “Proposition Belied on for Annulling the Writ: Section 795.2, Code of Iowa, 1950, does not run until after there is an arraignment and plea of Defendant.” The trial court, in overruling defendant’s motion to dismiss, said: “In this case, it appears to the court that it would be unconscionable to sustain the Motion. Therefore, the motion is overruled. It seems that there is ample good excuse here, and…

2Cases cited17 opinions

  1. Commonwealth v. RagoneSupreme Court of Pennsylvania · 1934
  2. State v. KeefeWyoming Supreme Court · 1908
  3. State v. FinchSupreme Court of Kansas · 1929
  4. Pines v. District CourtSupreme Court of Iowa · 1943
  5. People v. FosterMichigan Supreme Court · 1933

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